Western Australian Current Acts

CIVIL PROCEDURE (REPRESENTATIVE PROCEEDINGS) ACT 2022 - SECT 16

16 .         Discontinuance of proceedings in certain circumstances

        (1)         The Court may, on application by the respondent or of its own motion, order that a proceeding no longer continue under this Act where it is satisfied that it is in the interests of justice to do so because —

            (a)         the costs that would be incurred if the proceeding were to continue as a representative proceeding are likely to exceed the costs that would be incurred if each group member conducted a separate proceeding; or

            (b)         all the relief sought can be obtained by means of a proceeding other than a representative proceeding under this Act; or

            (c)         the representative proceeding will not provide an efficient and effective means of dealing with the claims of group members; or

            (d)         it is otherwise inappropriate that the claims be pursued by means of a representative proceeding.

        (2)         If the Court dismisses an application under this section, the Court may order that no further application under this section be made by the respondent except with the leave of the Court.

        (3)         Leave for the purposes of subsection (2) may be granted subject to such conditions as to costs as the Court considers just.